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ISAAC ANYULA KHATETE
V.
REPUBLIC

(2020) JELR 101458 (CA)

Court of Appeal 19 Jun 2020 Kenya
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Case Details

Suit Number:Criminal Appeal 102 of 2016
Judges:Milton Stephen Asike Makhandia, Patrick Omwenga Kiage
Location:Kisumu
Other Citations:Isaac Anyula Khatete v. Republic [2020] eKLR

JUDGMENT OF THE COURT

The appellant was arraigned before the magistrate’s court and charged with creating a disturbance in a manner likely to cause a breach of the peace contrary to Section 95 (1) (b) of the Penal Code. The particulars were that on the 16th day of April 2012 at Malaba Estate in Kakamega Township, Kakamega Municipality in Kakamega Central District within Western Province, he created a disturbance in a manner likely to cause a breach of peace by chasing Chrispinus Odhiambo Oluoch out of his rental house plot while being armed with a panga and stones.

The prosecution case was grounded inter alia on the testimony of PW1 Chrispinus Odhiambo; PW2 Saumu Odhiambo and PW3 Robert Onyango Ngeja.

PW1 testified that on 16th April 2012 at around 3.10 pm while at work as a mechanic he received a call from his wife, PW2, who informed him that the appellant (their neighbour) was forcing them to vacate the garden. He went home and found the appellant at the boundary between their houses. …

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